Chapter Summary of the Local Government Act 1993 - Updated ...

Chapter Summary of the Local Government Act 1993DISCLAIMER: ALL DUE CARE HAS BEEN TAKEN IN PREPARING AND CHECKING THIS INFORMATION DOCUMENT. THE DEPARTMENT OF LOCAL GOVERNMENT EMPHASISESTHAT THE DOCUMENT IS THE DEPARTMENT’S VIEW ONLY AND SHOULD NOT BE RELIED UPON IN ANY RELEVANT LEGAL PROCEEDINGS. A COUNCIL OR OTHER PARTIESSHOULD BE GUIDED BY THEIR OWN LEGAL ADVICE.5Chapter 7. What are theregulatory functions of councils?The major regulatory functions of councils are found in this Chapter. Itlists the activities that are regulated and it sets out the means of theirregulation.A council, in relation to a range of activities within its area, exercisesregulatory functions of two main kinds.First – various activities can only be carried out if the council gives itsapproval (for example, the connection of a building to the council’ssewerage system). Some of these approvals may also be granted aspart of the development consent process under Part 4 of theEnvironmental Planning and Assessment Act 1979.Second – a council can order a person to do, or to stop doing,something (for example, a council can order a person to keep land ina safe and healthy condition).Failure to obtain or to comply with an approval and failure to complywith an order are made offences under sections 626, 627 and 628.A council is not given power to regulate activities by other means. Forexample, the chapter does not confer power to require a person tohold a periodic licence.In exercising its regulatory functions, the council must observe anyrelevant statutory criteria and any other criteria contained in a localpolicy it may have adopted after public consultation.The chapter also enables appeals to be made to the Land andEnvironment Court against decisions made under the chapter.Chapter 8. What ancillaryfunctions does a council have?This chapter confers on councils certain functions which it is necessaryor desirable for them to have in order to carry out their other functions.These functions are “ancillary” in the sense that they are auxiliary to,they give support to, and they aid the carrying out of, the otherfunctions of a council, particularly its service and regulatory functions.Councils are given power to acquire land by compulsory process.The chapter also confers on councils powers to enter land andbuildings and to carry out inspections.